USPTO Patents Application 10538532

) (Rev.02-2005)
Approved for use through 3/31/2007. OMB oa5i-oo?1
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

TRANSMITTAL LETTER TO THE UNITED STATES
DESIGNATED/ELECTED OFFICE (DO/EO/US)
CONCERNING A SUBMISSION UNDER 35 U.S.C. 371

ATTORNEY'S DOCKET NUMBER ^

VER-192XX

U.S. APPLICATION NO. (If known, see 37 CFR 1.5)

10/538,532

INTERNATIONAL APPLICATION NO.

PCT/NL2003/000885

INTERNATIONAL FILING DATE

12 December 2003

PRIORITY DATE CLAIMED

12 December 2002

TITLE OF INVENTION

PROCESS CONTROL BASED ON ANALYSIS OF MICROBIAL POPULATIONS

APPLICANT(S) FOR DO/EO/US

Josephus Mauritius Bernardus Maria van der Vossen; Frank Henri Johan Schuren; Roy Christiaan Montijn

Applicant herewith submits to the United States Designated/Elected Office (DO/EO/US) the following items and other information:

1. □ This is a FIRST submission of items concerning a submission under 35 U.S.C. 371 .

2. [S] This is a SECOND or SUBSEQUENT submission of items concerning a submission under 35 U.S.C. 371.

3. 12U This express request to begin national examination procedures (35 U.S.C. 371(f)). The submission must include items

(5), (6), (9) and (21) indicated below. Items (5). (6) and (21) were submitted on June 10. 2005

4. D*] The US has been elected (Article 31).

5. D A copy of the International Application as filed (35 U.S.C. 371(c)(2))

a. n is attached hereto (required only if not communicated by the International Bureau).

b. O has been communicated by the International Bureau.

c. n is not required, as the application was filed in the United States Receiving Office (RO/US).

6. D An English language translation of the International Application as filed (35 U.S.C. 371(c)(2)).

a. O is attached hereto.

b. O had been previously submitted under 35 U.S.C. 154(d)(4).

7. n Amendments to the claims of the International Application under PCT Article 1 9 (35 U.S.C. 371 (c)(3))

a. □ are attached herewith (required only if not communicated by the International Bureau).

b. d have been communicated by the International Bureau,

c. O have not been made; however, the time limit for making such amendments has NOT expired.

d. D have not been made and will not be made.

8. d An English language translation of the amendments to the claims under PCT Article 1 9 (35 U.S.C. 371 (c)(3)).

9. \E\ An oath or declaration of the inventor(s) (35 U.S.C. 371 (c)(4)).

10. D An English language translation of the annexes to the International Preliminary Examination Report under PCT

Article 36 (35 U.S.C. 371(c)(5)).

Items 1 1 to 20 below concern document(s) or information included:

11.

□

12.

□

13.

□

14.

□

15.

□

16.

□

17.

□

18.

□

19.

□

20.

i second copy of the published International Application under 35 U.S.C. 154(d)(4).

(2) LETTER re: REQUEST FOR SEQUENCE LISTING; and (3) Copy of 371 Formalities Notice dated March 3, 2006.

This collection of information is required by 37 CFR 1.414 and 1.491-1.492. The information is required to obtair
the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and '
Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Page 1 of 2

Express Mail Number
EV 559914599 US

U.S. APPLICATION NO. (If known, see 37 CFR 1.5)

10/538,532

INTERNATIONAL APPLICATION NO

PCT/NL2003/000885

ATTORNEY'S DOCKET NUMBER

VER-192XX

The following fees have been submitted:
21. □ Basic national fee $300.00

CALCULATIONS PTO USE ONLY

$

22. O Examination fee

If International preliminary examination report prepared by USPTO and all claims satisfy
! provisions of PCT Article 33(1 )-(4) $100.00

$

23. □ Search fee

Search fee (37 CFR 1 .445(a)(2)) has been paid on the international application to the USPTO

as an International Searching Authority $100.00

International Search Report prepared and provided to the Office $400.00

$

TOTAL OF 21, 22 and 23 =

$

C] Additional fee for specification and drawings filed in paper over 100 sheets
(excluding sequence listing or computer program listing filed in an electronic
medium). The fee is $250.00 for each additional 50 sheets of paper or fraction thereof.

Total Sheets

Extra Sheets

Number of each additional 50 or fraction
thereof (round up to a whole number)

RATE

- 100 =

/50 =

X $250.00

$

Surcharge of $130.00 for furnishing the oath or declaration later than 30 months from the earliest
claimed priority date (37 CFR 1.492(h)).

$ 130.00

CLAIMS

NUMBER FILED

NUMBER EXTRA

RATE

Total claims

-20 =

X $ 50.00

$

Independent claims

- 3 =

X $200.00

$

MULTIPLE DEPENDENT CLAIM(S) (if applicable)

+ $360.00

$

TOTAL OF ABOVE CALCULATIONS «

$

D Applicant claims small entity status. See 37 CFR 1 .27. Fees above are reduced by V£.

$

SUBTOTAL =

$

Processing fee of $130.00 for furnishing the English translation later than 30 months from

the earliest claimed priority date (37 CFR 1 .492(1)). +

$ 130.00

TOTAL NATIONAL FEE =

$ 260.00

Fee for recording the enclosed assignment (37 CFR 1.21(h)). The assignment must be
accompanied by an appropriate cover sheet (37 CFR 3.28, 3.31 ). $40.00 per property +

$

TOTAL FEES ENCLOSED =

$ 260.00 '

^jJ^\*\i4 .ukrUrK^H vGvwa^w AV0iiKi,s£

Amount to be
Refunded:

$ ;

Amount to be
Charged:

$

52

Two checks, each in the amount of $ 130 00 (totalling $260.00) to cover the above fees are enclosed.
A check in the amount of $ is enclosed for the assignment recordation fee.

. in the amount of $_

to cover the above fees.

b. D Please charge my Deposit Account No.

A duplicate copy of this sheet is enclosed.

The Commissioner is hereby authorized to charge any additional fees which may be required, or credit any overpayment to Deposit
Deposit Account No. 23-0804 . A duplicate copy of this sheet is enclosed.

Fees are to be charged to a credit card. WARNING: Information on this form may become public. Credit card information should
not be included on this form. Provide credit card information and authorization on PTO-2038.

NOTE: Where an appropriate time limit under 37 CFR 1.495 has not been met, a petition to revive (37 CFR 1.137(a) or (b)) must be filed
and granted to restore the International Appiication to pending status.

SEND ALL CORRESPONDENCE TO:
[X] Customer Number 00207

Attorney Signature
Attorney Name:

which is associated with the Law Firm of

WEINGARTEN, SCHURGIN, GAGNEBIN & LEBOVICI LLP
Ten Post Office Square
Boston, Massachusetts 02109
United States

Telephone: (617) 542-2290 Fax: (61 7) 451-031 3

Date:

ies L. Gagnebin III

Registration No: 25.467

FORM PTO-1390 (REV. 02-2005) WSGL

Page 2 of 2

CLG/mc/334223.1

Page 1 of 3

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Viiginia 22313-1450
www.uspto.gov

U.S. APPLICATION NUMBER NO.

FIRST NAMED APPLICANT

ATTY. DOCKET NO.

10/538,532

Josephus Mauritius Bernardus Maria Van Der
Vossen

207

WEINGARTEN, SCHURGIN, GAGNEBIN & LEBOVICI LLP
TEN POST OFFICE SQUARE
BOSTON, MA 02109

VER-192XX

[

INTERNATIONAL APPLICATION NO.

J

PCT/NL03/00885

| I.A. FILING DATE | PRIORITY DATE~|

12/12/2003

12/12/2002

CONFIRMATION NO. 4253
371 FORMALITIES LETTER

II! I!! I Ul 111 I III II ill II! Ill II Nil H II

*OC00000001 7971 565*

Date Mailed: 03/03/2006

NOTIFICATION OF MISSING REQUIREMENTS UNDER 35 U.S.C. 371 IN THE UNITED
STATES DESIGNATED/ELECTED OFFICE (DO/EO/US)

The following items have been submitted by the applicant or the IB to the United States Patent and Trademark
Office as a Designated / Elected Office (37 CFR 1.495).

RECEIVED

• Copy of the International Application filed on 06/1 0/2005 W:— —t

• Copy of the International Search Report filed on 06/10/2005 UKQ f

• Preliminary Amendments filed on 06/10/2005 ™AK 0 8 2i

• Information Disclosure Statements filed on 06/10/2005 mmtttmt

• U.S. Basic National Fees filed on 06/10/2005

• Priority Documents filed on 06/1 0/2005 ur

• Specification filed on 06/10/2005

• Claims filed on 06/1 0/2005

• Abstracts filed on 06/10/2005

• Drawings filed on 06/10/2005

The applicant needs to satisfy supplemental fees problems indicated below.

The following items MUST be furnished within the period set forth below in order to complete the requirements for
acceptance under 35 U.S.C. 371:

• Translation of the application into English. The current translation of the application into English is defective
as described below. Note a processing fee will be required if submitted later than 30 months from the
priority date.

■ The text in the drawings has not been properly translated.

■ Although the International Application was published in english, the word "Figurr" in drawings
appears to be foreign text.

• Processing fee of $130 for providing the translation of the application and/or

Express Mail Number

EV 559914599 US

Page 2 of 3

months from the priority date (37 CFR 1.492(i)).

• Oath or declaration of the inventors, in compliance with 37 CFR 1.497(a) and (b), identifying the application
by the International application number and international filing date.

• To avoid abandonment, a surcharge (for late submission of filing fee, search fee, examination fee or oath
or declaration) as set forth in 37 CFR 1 .492(h) of $1 30 for a non-small entity, must be submitted with the
missing items identified in this letter.

SUMMARY OF FEES DUE:

Total additional fees required for this application is $260 for a Large Entity:

• $130 Surcharge.

• $130 for English translation surcharge required.

• This application does not contain, as a separate part of the disclosure on paper copy, a "Sequence Listing"
as required by 37 CFR 1 .821 (c) Applicant must provide an initial paper or compact disc copy of the
"Sequence Listing", as well as an amendment specifically directing its entry into the application and
a statement that the content of the sequence listing information recorded in computer readable form is
identical to the written (on paper or compact disc) sequence listing and, where applicable, includes no new
matter, as required by 37 CFR 1.821(e), 1.821(f), 1.821(g), 1.825(b), or 1.825(d). If the effective filing date
is on or after September 8, 2000, see the final rulemaking notice published in the Federal Register at 65
FR 54604 (September 8, 2000) and 1238 OG 145 (September 19, 2000).

• A copy of the "Sequence Listing" in computer readable form has not been submitted as required by 37
CFR 1 .821 (e). If the effective filing date is on or after September 8, 2000, see the final rulemaking notice
published in the Federal Register at 65 FR 54604 (September 8, 2000) and 1238 OG 145 (September 19,
2000). Applicant must provide an initial computer readable form (CRF) copy of the "Sequence Listing" and
a statement that the content of the sequence listing information recorded in computer readable form is
identical to the written (on paper or compact disc) sequence listing and, where applicable, includes no new
matter, as required by 37 CFR 1.821(e), 1.821(f), 1.821(g), 1.825(b), or 1.825(d). If applicant desires the
sequence listing in the instant application to be identical with that of another application on file in the U.S.
Patent and Trademark Office, such request in accordance with 37 CFR 1.821(e) may be submitted in lieu
of a new CRF.

Applicant is cautioned that correction of the above items may cause the specification and drawings page count to
exceed 100 pages. If the specification and drawings exceed 100 pages, applicant will need to submit the required
application size fee.

For questions regarding compliance to 37 CFR 1.821-1.825 requirements, please contact:

• For Rules Interpretation, call (571) 272-0951

• For Patentin Software Program Help, call Patent EBC at 1-866-217-9197 or directly at 703-305-3028 /
703-308-6845 between the hours of 6 a.m. and 12 midnight, Monday through Friday, EST.

• Send e-mail correspondence for Patentin Software Program Help @ ebc@uspto.gov

ALL OF THE ITEMS SET FORTH ABOVE MUST BE SUBMITTED WITHIN TWO (2) MONTHS FROM THE
DATE OF THIS NOTICE OR BY 32 MONTHS FROM THE PRIORITY DATE FOR THE APPLICATION,
WHICHEVER IS LATER. FAILURE TO PROPERLY RESPOND WILL RESULT IN ABANDONMENT.

The time period set above may be extended by filing a petition and fee for extension of time under the provisions
of 37 CFR 1.136(a).

Applicant is reminded that any communications to the United States Patent and Trademark Office must be mailed
to the address given in the heading and include the U.S. application no. shown above (37 CFR 1.5)

A copy of this notice MUST be returned with the response.

Page 3 of 3

BARBARA A CAMPBELL

Telephone: (703) 308-9140 EXT 217
PART 1 - ATTORNEY/APPLICANT COPY

U.S. APPLICATION NUMBER NO.

INTERNATIONAL APPLICATION NO.

| ATTY. DOCKET NO. |

10/538,532

PCT/NL03/00885

VER-192XX

FORM PCT/DO/EO/905 (371 Formalities Notice)